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MATTER OF BURR v. CHAIRPERSON, APPEALS UNIT, DIV. OF PAROLE

513909.

98 A.D.3d 1178 (2012)

951 N.Y.S.2d 250

2012 NY Slip Op 6241

In the Matter of DAVID A. BURR, Appellant, v. CHAIRPERSON, APPEALS UNIT, DIVISION OF PAROLE, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

September 20, 2012.

Petitioner commenced this CPLR article 78 proceeding challenging a November 2009 determination of the Board of Parole that denied his request for discretionary parole release and ordered him held for an additional 24 months. While this proceeding was pending, petitioner reappeared before the Board in November 2011 and his request for parole was again denied. As a result, respondent moved to dismiss the petition as moot. Supreme Court granted the motion and this appeal ensued...

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